Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Incapacity Benefit

    Hi all - I have a quick question. My Oh is currently trying to claim Incapacity Benefit due to having a Herniated Lumbar Disc - my question do the DSS take my earnings into account when considering hy OH 's claim and can they refuse to award him benefit on the basis that i am working?

    Cheers Sandbag.

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  2. #2
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    Default Re: Incapacity Benefit

    Hi
    I think you will find that Incapacity Benefit is NOT means tested and is an additional benefit to any form of income support or salary etc. That is why some millionaires are on incapacity benefit. As far as you working goes, did you know that if you had a child on incapacity benefit you could still enjoy full time employment without penalty. Also your OH can use the incapacity benefit to obtain a car.


  3. #3
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    Default Re: Incapacity Benefit

    Thankyou very much.
    Regards Sandbag.


  4. #4
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    Default Re: Incapacity Benefit

    Bollotom is WRONG!!!

    Sorry - but you have confused Incapacity benefit with Disability Living Allowance.


    Incapacity Benefit is paid when you Sick pay runs out and your Doc confirms that you are indefinately - or for a long time - going to be unable to work due to the incapacity.

    It is not means tested, however it IS contributions based and will therefore depend on how long the person has worked and paid NI Contributions.

    This explains about who can get IncapBen and who can't:

    http://www.jobcentreplus.gov.uk/JCP/...dev_012319.pdf

    Incapacity benefit IS taxable and IS taken into account for Working Tax Credits and Child Tax Credits.



    This is NOT to be confused with Disability Benefit.



    Again this is not means tested, but is also not contributionicon based and therefore can be claimed by anoyone under 65.

    IF (and it's a BIG IF) you manage to convince them that you are entitled to the TOP RATE for Mobility, then you will be given the choice of the money or motability, which would allow you to go and get a car adapted for your needs.


    Let NO-ONE kid you that either of these benefits are easy to get and please don't be lulled into a false sense of security by folks telling you that "everyone" gets it.

    DLA Information:

    Disability Living Allowance : Directgov - Disabled people


    DLA is NOT taxable and NOT taken into account for Tax Credit Purposes.


    PLEASE read up on these benefits and get your local Welfare Rights people to help you with anything else you can claim.

    Good Luck


    2007 Issues ALL RESOLVED

    2008 Issues ALL RESOLVED
    £4,200 in charges claimed back succesfully from a total of 5 Creditors
    2009 Issues ALL RESOLVED
    NEXT Directory - No Agreement, No Further Action **WON**

    2010 Issues

    Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10
    Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination




    My Head is officially out of the Sand

  5. #5
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    Default Re: Incapacity Benefit

    Quote Originally Posted by Bollotom View Post
    Hi
    I think you will find that Incapacity Benefit is NOT means tested and is an additional benefit to any form of income support or salary etc. That is why some millionaires are on incapacity benefit. As far as you working goes, did you know that if you had a child on incapacity benefit you could still enjoy full time employment without penalty. Also your OH can use the incapacity benefit to obtain a car.
    I am sorry - but the more I read this, the more annoyed it makes me. PLEASE check out the information you give out before telling people COMPLETE RUBBISH.

    1. Incapacity Benefit is NOT means tested, but you have to be certified as unable to work to get it and have paid enough National Insurance in the first place.

    2. Which Millionaires exactly?

    3. Children cannot claim Incapacity Benefit.

    4. Disability Living Allowance is the only benefit that can be used to gain a Motability Car.

    5. DLA is NOT taxable.

    6. Incapacity Benefit IS taxable.


    For once the Government give very comprehensive information on the internet as to exactly who can and cannot claim these benefits.

    I would ask all prospective claimants to READ and READ AGAIN and not take hearsay, old wives tales and barrack room lawyers' word for what they can or can't claim.

    DLA Information: Disability Living Allowance : Directgov - Disabled people

    Incapacity Benefit:
    Incapacity Benefit : Directgov - Disabled people



    I am sorry - but I was daft enough to listen to someone else about Benefits when I first had to pack in work due to ill-health. I was financially MUCH worse off than I am now because I didn't check it out.

    If you think you qualify don't delay - Claim.




    2007 Issues ALL RESOLVED

    2008 Issues ALL RESOLVED
    £4,200 in charges claimed back succesfully from a total of 5 Creditors
    2009 Issues ALL RESOLVED
    NEXT Directory - No Agreement, No Further Action **WON**

    2010 Issues

    Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10
    Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination




    My Head is officially out of the Sand

  6. #6
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    Default Re: Incapacity Benefit

    Hi - Thanks for all your replys.
    I will let you know how we get on.
    Cheers Sandra.


  7. #7
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    Default Re: Incapacity Benefit

    Good Luck Sandra.




    2007 Issues ALL RESOLVED

    2008 Issues ALL RESOLVED
    £4,200 in charges claimed back succesfully from a total of 5 Creditors
    2009 Issues ALL RESOLVED
    NEXT Directory - No Agreement, No Further Action **WON**

    2010 Issues

    Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10
    Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination




    My Head is officially out of the Sand

  8. #8
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    Default Re: Incapacity Benefit

    Ooops! My sincerest apologies. I was indeed mixing up Incapacity with Disability Living Allowance. Thanks for the correction CAGisforME and apologies to Sandbag.


  9. #9
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    Default Re: Incapacity Benefit

    Thanks for your advice. Apology accepted lol
    Cheers Sandbag.


  10. #10
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    Default Re: Incapacity Benefit

    Bollotom,

    Apology accepted from me too. Please accept mine for jumping on you a bit (oo-er missus!) I'm afraid that this particular "baby" is a bit near the mark for me, having had to battle through their systems and at one point having a tribunal decision in my favour being appealed to the Commissioners in London.

    I still won

    But there are a lot of misconceptions out there - mostly by people who have never been in this position themselves and those of us who have no coice but to survive on disability benefits and the like get a bit chewed off when it's implied - yet again - that we are all a bunch of scroungers, or it's easy to get the benefits etc etc

    Not implying that you said anything of the sort of course.

    All friends now eh?

    sandbag - Best of British with the old form filling. Please feel free to PM me if you feel the need, especially for help with the forms.


    2007 Issues ALL RESOLVED

    2008 Issues ALL RESOLVED
    £4,200 in charges claimed back succesfully from a total of 5 Creditors
    2009 Issues ALL RESOLVED
    NEXT Directory - No Agreement, No Further Action **WON**

    2010 Issues

    Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10
    Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination




    My Head is officially out of the Sand

  11. #11
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    Default Re: Incapacity Benefit

    Cheers Cagisforme - you have been very helpful- i will Pm you if we have any questions.
    Thanks again Sandbag.


  12. #12
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    Default Re: Incapacity Benefit

    Aways prepared to hold hands up and learn> All the best.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE